American Dairy Queen Corporation v. Blume et al

Filing 78

ORDER VACATING 76 Order and adopting 63 Report and Recommendation; Overruling 67 Objections; denying 34 Motion; denying without prejudice 37 ; directing Clerk of Court to enter default against Defendants Blume Investments LLC and Royal Professional Solutions, LLC. (Written Opinion). Signed by Judge Richard H. Kyle on 01/12/12. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

American Dairy Queen Corporation,
Plaintiff,
Civ. No. 11-358 (RHK/TNL)
ORDER
v.
Guy A. Blume, et al.,
Defendants.

The Court having inadvertently directed the entry of judgment in its Order of
January 11, 2012 (Doc. No. 76), IT IS ORDERED that the Order (Doc. No. 76) is
VACATED. It is further ORDERED, based upon the Report and Recommendation of
Magistrate Judge Leung (Doc. No. 63) and all the files, records, and proceedings herein:
1.

Defendants’ Objections (Doc. No. 67) to the Report and Recommendation

are OVERRULED;
2.

The Report and Recommendation is ADOPTED in its entirety;

3.

Defendants’ Motion to Dismiss Plaintiff’s Complaint for Lack of Subject

Matter, Lack of Jurisdiction and Improper Venue and Dismiss Case as Frivolous Lack of
Standing (Doc. No. 34) is DENIED;
4.

Defendants’ Motion to Strike Answers (Doc. No. 37) is DENIED

WITHOUT PREJUDICE; and

5.

Pursuant to the Order to Show Cause (Doc. No. 48), the Clerk of the Court is

DIRECTED to ENTER DEFAULT against Defendants Blume Investments, LLC and
Royal Professional Solutions, LLC, pursuant to Federal Rule of Civil Procedure 55(a).

Dated: January 12, 2012

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge